MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           17 August 2000                   
	DOCKET NUMBER:   AR2000037350

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Linda D. Simmons 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That the loss of his lower leg was service-connected and presently rated at 40 percent disabling by the Department of Veterans Affairs (VA).  He provides nothing in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army of the United States for 2 years on 11 April 1968. Following completion of all required military training, he was awarded military occupational specialty 13A (cannoneer) and sent to Germany.  While in Germany, he reenlisted for 6 years on 22 January 1969.

The applicant was transferred to Vietnam, arriving there on 22 March 1969.  He was assigned to the 9th Infantry Division.  On 11 September 1969, he was located with his unit near Long An, Republic of Vietnam.  He ignited a piece of C4 plastic explosive in order to heat his rations.  After doing so, he attempted to extinguish the burning C4 by stomping on it with his left foot.  The C4 exploded severing his left foot at the ankle.

The applicant was medically evacuated to Japan and then to the United States.  After recovering from his injury, he was honorably separated with a disability on 10 August 1970.

Army Regulation 600-8-22 prescribes policy, criteria, and administrative instructions concerning individual military awards.  It states that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was cooking C-rations with plastic explosives.  When he stomped on the explosive in an attempt to extinguish it, it exploded and blew his foot off.  While tragic, this does not qualify for award of the Purple Heart.

3.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__svw___  __mhm__  __lds____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037350	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.